CASA EX148/21 – Amendment of CASA EX83/21 – Instrument 2021 (Cth)

Instrument number CASA EX148/21 I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence] Pip Spence Director of Aviation Safety 30 November 2021 CASA EX148/21 – Amendment of CASA EX83/21 – Instrument 2021

1 Name This instrument is CASA EX148/21 – Amendment of CASA EX83/21 – Instrument 2021.

2 Commencement This instrument commences on 2 December 2021.

3 Amendment of CASA EX83/21 Schedule 1 amends CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX83/21).

Schedule 1 Amendments

[1] Subsection 3 (1), Definitions insert national aviation authority has the meaning given by the CASR Dictionary. Part 121 proficiency check has the meaning given by the CASR Dictionary. recognised foreign State has the meaning given by regulation 61.010 of CASR.

[2] After section 14 insert

14A Ground support personnel – not direct employees – exemption (1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation. (2) The operator is exempted from compliance with subregulations 121.145 (1) and (3) — but only to the extent that the member of the operator's personnel who carries out a ground support duty for the flight (the duty): (a) is not a person employed by the operator under a contract of service (that is, as a direct employee); but (b) is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member). (3) It is a condition of the exemption in subsection (2) that: (a) the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or (b) the relevant member is supervised by a direct employee of the operator who meets the requirements of subregulation 121.145 (2).